Will Rove testify?

It’s only been a week, but the Plame trial has already become a bad dream for the Bush gang from which they can’t wake up. And it’s likely to get worse.

White House anxiety is mounting over the prospect that top officials — including deputy chief of staff Karl Rove and counselor Dan Bartlett-may be forced to provide potentially awkward testimony in the perjury and obstruction trial of Lewis (Scooter) Libby.

Both Rove and Bartlett have already received trial subpoenas from Libby’s defense lawyers, according to lawyers close to the case who asked not to be identified talking about sensitive matters. While that is no guarantee they will be called, the odds increased this week after Libby’s lawyer, Ted Wells, laid out a defense resting on the idea that his client, Vice President Dick Cheney’s former chief of staff, had been made a “scapegoat” to protect Rove. Cheney is expected to provide the most crucial testimony to back up Wells’s assertion, one of the lawyers close to the case said. The vice president personally penned an October 2003 note in which he wrote, “Not going to protect one staffer and sacrifice the other.” The note, read aloud in court by Wells, implied that Libby was the one being sacrificed in an effort to clear Rove of any role in leaking the identity of CIA operative Valerie Plame, wife of Iraq war critic Joe Wilson. “Wow, for all the talk about this being a White House that prides itself on loyalty and discipline, you’re not seeing much of it,” the lawyer said.

You don’t say. The Bush gang demands loyalty, but will throw trusted allies under the bus to save their own skin? Who would have guessed?

Newsweek’s Michael Isikoff went on to explain that Rove’s testimony could not only be crucial to the case, but could also cut both ways for Libby.

The possibility that Rove could be called to testify would bring his own role into sharper focus—and could prove important to Libby’s lawyers for several reasons. Rove has said in secret testimony that, during a chat on July 11, 2003, Libby told him he learned about Plame’s employment at the CIA from NBC Washington bureau chief Tim Russert, a legal source who asked not to be identified talking about grand jury matters told NEWSWEEK. If Rove repeats that story on the witness stand, it could back up Libby’s core assertion that he honestly, if mistakenly, thought he had heard about Wilson’s wife from the “Meet the Press” host — even though Russert denies he knew anything about Plame, and more than a half-dozen officials (including Cheney) have said they passed along the same information to Libby earlier than that.

But the Rove account could cut in other ways. Fitzgerald would likely argue that Libby’s comment to Rove merely shows that the vice president’s top aide “was even lying inside the White House,” according to the legal source. Moreover, Rove is likely not eager to recount the story either. The reason? He would have to acknowledge that shortly after he had the chat with Libby, he went back to his office and had a phone conversation with Time magazine reporter Matt Cooper in which he also disclosed the fact that Wilson’s wife worked for the CIA. The disclosure was potentially illegal since, at the time, Plame was employed in the Directorate of Operations, the agency’s covert arm. (There is no evidence that Rove or anybody else knew Plame’s status at the time — and Rove has never been charged with any crime — but the possibility that White House officials were leaking classified information in an effort to discredit Wilson is what triggered the probe in the first place.)

And then, of course, there’s Ari Fleischer, who’s scheduled to take the stand this week, and with an immunity agreement in hand, could offer radioactive testimony of his own.

Stay tuned.

These subpoenas may have been issued in the hope that the White House will respond with a pardon for Scooter.

  • heh-heh-heh. For all the folks who screamed “foul!” when Rove wasn’t indicted, consider all this.

    You don’t have to put the bastard in jail, although I am the first to wish you could, and not in the ClubFed he’d go to, but the real deal. All you have to do is destroy him, which this case is going to do to the Administration. They’re all going to walk away damaged: Rove a conniving liar, Libby a shithead, Cheney – well, he’ll be Darth Cheney for sure, Bush an even bigger moron for not knowing this was going on. Actually, killing the enemy and leaving them to walk around is worse the burying them.

    Couldn’t happen to a better bunch of futhermuckers.

  • Re rege comment

    I agree with this possibilty of hoping for a WH pardon. Good strategy (attempt) for the defendent, but fatally-flawed political strategy in every way for the WH – especially timing-wise. If this strategy was to work for all the president’s men, Bush needed to pardon everyone in advance ala Saint Ford’s pardon of Nixon.

    Too late. Pass the popcorn.

  • It’s starting to look like a Bush v. Cheney smackdown, played out (at least initially) through their surrogates.

    I, for one, am loving the extended Fitzmas season!

  • Rove will also have to explain why he violated the terms of his security clearance by blabbing about a potential covert CIA operative, as blogged about at Firedoglake. The post includes this Q&A from a publication (theoretically) read by all security clearance applicants:

    Question 19: If information that a signer of the SF 312 knows to have been classified appears in a public source, for example, in a newspaper article, may the signer assume that the information has been declassified and disseminate it elsewhere?

    Answer: No. Information remains classified until it has been officially declassified. Its disclosure in a public source does not declassify the information. Of course, merely quoting the public source in the abstract is not a second unauthorized disclosure. However, before disseminating the information elsewhere or confirming the accuracy of what appears in the public source, the signer of the SF 312 must confirm through an authorized official that the information has, in fact, been declassified. If it has not, further dissemination of the information or confirmation of its accuracy is also an unauthorized disclosure.

  • colonpowwow, I too, at least initially, thought that it would be political suicide for the White House to issue a pardon for Libby.
    But one could also argue that escalating the Iraq war or purging US attorneys are stupid political moves. I think that it is wrong to underestimate BushCo’s ability to brazenly abuse their power. Also, recall that neither Junior or Dead-eye will stand for election in 2008. Therefore they reason that there would be no political price to pay for a pardon. The danger for them, should a pardon be issued, is that Congress will take up the investigation. But they might count on being able stonewall Congress. The bottomline is that the decision to issue or not issue a pardon is by no means simple political calculus.

    Finally, given their MO, if a pardon of Libby is issued look for it to be couched in national security language.

  • There is the danger the next president and his attorney general will take a case to the Supreme Court chatging such a pardon was abuse of power to obstruct justice.
    There’s the danger the current House could reach the same conclusion.

  • rege

    Agree 100% with “never misunderestimate Bushco” and MO stuff.

    The reason it is political suicide relates to the chances of losing Republican hold on presidency in 2008 if pardon-before-the-facts is given (also ala Saint Ford’s pardon of Satan’s Favorite).

    If there is any deference left (and am pretty sure there is heap plenty) to the corporatists’ influence on Republican Party Policy, I thing this is the thing that would most give pause to the “Pardon Libby First” policy.

  • Henry Waxman is waiting in the wings, and even if Bush did pardon Libby et al. , even if there is a mistrial, or even if Libby is acquitted, Congress can investigate the entire cast of characters and bring charges under the underlying crime, conspiracy to manipulate intelligence to get us in to war.

  • JMG comments:

    “There is the danger the next president and his attorney general will take a case to the Supreme Court chatging such a pardon was abuse of power to obstruct justice.
    There’s the danger the current House could reach the same conclusion.”

    Hmmmm … any high-priced legal talent out there willing to weigh in on whether obstructing justice is more of a “high crime & misdemeanor” than lying about a blow job?

  • As Rove reaches down into his dirty bag of tricks, what does he have to pull out? Man the swiftboats? Decry the activist judge? Damn trial lawyers and their big bucks? Do the rounds of the Sunday talkies with Luntzified talking points? Party unity? Bury it? Testify late on Friday afternoon? Rally the base? Claim persecution by the lefties? Say the trial is detroying America by encouraging terrorists?

    Hmmmm. None of those look they will work. I guess it’s time for Donner Party rules: cannibalize the deadest one. Even piranhas will eat their own if they smell blood

    The monolithic Bush administration does have fault lines after all and the San Andreas looks to run right between Rove and Cheney. I’d like to see this tear apart the administration and pit differing loyalties against each other. Since Rove’s touch has turned to lead in the last year, I’d like to see if he keeps the long knives sheathed or whether it’s time to save his own butt.

  • As much as I agree with rege about never underestimating “BushCo’s ability to brazenly abuse their power” they can’t possibly issue a pardon now. Before the trial? Yes. After the trial? Possible, depending on how much damage Libby does. Mid-trial? There’s just too much scrutiny. I doubt even our wise old beltway pundits could construct a defense for it.

    I’m wondering about other’s exposure to prosecution with public testimony. It’s one thing to pull a fast one in secret. When it’s out in the open, there are more people to step forward and say “Hey. Wait a minute. This is bullshit”

    It’s quite a box they’ve made for themselves. Regime officials are going to have to choose between perjury or humiliating the regime. Both carry substantial penalties. Pass the popcorn, indeed.

  • This just might be the bomb that brings down the Bush house of cards. Fitz has the lighter; Scooter’s the fuse—and Cheney’s puffing like it’s the end of the world, trying to keep that fuse from being lit. Sooner or later, the Bush herd is going to inhale when they should have exhaled….

  • The vice president personally penned an October 2003 note in which he wrote, “Not going to protect one staffer and sacrifice the other.”

    I don’t know. I look and look at this sentence and what it says to me is: “I won’t protect one staffer but not the other” I.e. “I *won’t* sacrifice one staffer at the expense of the other”. I just don’t see the Libby’s defense logic, that what it says is “I’ll sacrifice one for the other”. It would have to be “Going to protect one staffer; sacrifice the other”…

    Guess that’s where my lack of English shows 🙂

  • It will all be too boring to the average American idiot. Regardless of the outcome, the Corporate news will bury it, and the Dems, Corporate bootlickers that they are, will ignore it ever happened, it will be lost to history. Just like Iran-Contra, Bay of Pigs, Pinochet, etc…

    Cheney could kill puppies on primetime , Rove could be Osamas long-lost brother, but when you control the American media, you control American Reality.
    And the Corporate Authoritarian Right, controls the media.

    The Corporate Right will sneek back up and really turn this country into another Brazil, extreme poverty living next door to wealth and corruption.

    Meet the new Boss, same as the old Boss….

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